
A Practical Guide to Healthcare Power of Attorney in Knoxville
A healthcare power of attorney is a legal document that lets a person you trust make medical decisions for you if you are unable to decide for yourself. In Knoxville, families often arrange this as part of an estate planning and probate strategy to ensure medical preferences are honored and communication remains clear during stressful times. At Jay Johnson Law Firm, we focus on helping clients understand how a healthcare power of attorney works alongside other planning tools so individuals retain dignity and their families have a clear roadmap for decision making if incapacity occurs.
Many people put off documenting medical decision-makers until a crisis happens, which can lead to confusion and delay. Creating a healthcare power of attorney in advance gives you control over who will speak for you and what types of decisions they may make, and it reduces uncertainty for family members. This planning step is also helpful when combined with advance directives, living wills, and discussion with medical providers. Understanding the purpose and practical effects of this document helps families in Knoxville prepare for future needs while reducing the stress associated with emergency health decisions.
Why a Healthcare Power of Attorney Matters for Knoxville Families
A thoughtfully prepared healthcare power of attorney provides several benefits: it identifies who will make decisions, clarifies the scope of authority, and offers guidance to medical teams. It prevents disputes between relatives by documenting your preferences and reduces the need for court involvement if incapacity occurs. For individuals with aging parents or chronic conditions, this document allows timely decisions about treatments, hospital transfers, and end-of-life care in line with personal values. Establishing a healthcare power of attorney in Tennessee ensures that your choices are respected and your family has a clear, actionable plan when difficult decisions arise.
About Jay Johnson Law Firm and Our Approach to Healthcare Powers of Attorney
Jay Johnson Law Firm serves families across Hendersonville and Knoxville with practical estate planning and probate services. Our approach emphasizes clear communication, careful document drafting, and attention to Tennessee law so clients receive reliable guidance about healthcare planning. We work to ensure that a healthcare power of attorney fits with the rest of a client’s plan, such as wills and healthcare directives. By walking through scenarios and explaining options, we help clients make informed decisions about who will act for them and how those decisions should be documented to align with personal values and family dynamics.
Understanding Healthcare Powers of Attorney in Tennessee
A healthcare power of attorney designates an agent to make medical decisions on behalf of the principal if they cannot participate in decision making. Tennessee law sets out how these documents operate, what authority can be granted, and what formalities are required for validity. Key decisions may include consent to or refusal of medical treatment, selection of healthcare providers, and choices about life-sustaining care when expressly allowed. Knowing the legal framework helps people select appropriate agents, set limits or conditions, and provide guidance so that the agent can act in accordance with the principal’s values and wishes.
When preparing a healthcare power of attorney, consider who is available, trustworthy, and capable of carrying out sensitive medical decisions under stress. The document can be tailored to define whether the agent’s authority becomes effective immediately, or only if a physician determines the principal lacks capacity. It can also include instructions on preferred interventions, palliative care choices, and organ donation wishes. Clear language reduces ambiguity and helps medical professionals and family members interpret the principal’s intent, which is particularly helpful during emergency care or prolonged illness.
What a Healthcare Power of Attorney Is and How It Works
A healthcare power of attorney is a written appointment of an agent to make health-related decisions for another person. The document typically names the agent, states when their authority begins, and explains the scope of decisions they can make. It can complement or work alongside an advance directive or living will to describe preferences about life-sustaining treatment and end-of-life care. Clear instructions and contact information for alternates help ensure the right person acts on behalf of the principal. In Tennessee, signatures and witness or notarization requirements should be followed to prevent challenges to validity.
Key Components and Steps When Creating a Healthcare Power of Attorney
When drafting a healthcare power of attorney, several elements deserve attention: the agent’s identity and contact information, alternates in case the primary agent is unavailable, scope of authority, effective timing, and any limiting instructions. The process often begins with planning conversations, followed by drafting and executing the document in accordance with Tennessee formalities. Once signed, provide copies to your agent, family, and medical providers, and store the original in a safe location. Regular review ensures the document remains aligned with current relationships and medical preferences as circumstances change.
Key Terms and Glossary for Healthcare Decision Documents
A concise glossary helps clients understand common terms used in healthcare decision documents. Definitions clarify roles like principal and agent, explain what incapacity means for decision making, and define documents such as living wills and advance directives. Understanding these words reduces confusion when discussing preferences and ensures documents are drafted to communicate intentions clearly. Knowing the terminology also helps when coordinating with medical providers and navigating Tennessee law, enabling families to confidently implement a plan that reflects the principal’s values and practical needs when healthcare decisions become necessary.
Principal
The principal is the individual who creates the healthcare power of attorney and grants decision-making authority to another person. The principal controls the document while they have capacity and chooses who will act on their behalf if they become unable to make or communicate medical decisions. Selecting a principal’s agent should consider trust, availability, and willingness to carry out sensitive decisions. It is important for the principal to discuss preferences and values with the chosen agent to ensure decisions will reflect their wishes during times when the principal cannot speak for themselves.
Durable Authorization
Durable authorization refers to language in a healthcare power of attorney that ensures the agent’s authority continues if the principal becomes incapacitated. Without durable language, some forms of authority may end if the principal loses decision-making capacity. Durable phrasing provides continuity so the appointed person can continue to act during periods when the principal cannot make decisions for themselves. It is appropriate to review the document periodically to confirm it remains effective and that the durable language aligns with the principal’s intentions under Tennessee law and medical practice.
Agent
The agent is the person designated in the healthcare power of attorney to make medical decisions for the principal if the principal cannot do so. The agent should be someone the principal trusts to follow their wishes and to communicate effectively with healthcare providers and family members. The document can name alternate agents in case the primary agent is unavailable. Choosing an agent also involves discussing the principal’s values and specific treatment preferences so the agent can confidently make decisions that align with the principal’s expressed wishes.
Advance Directive
An advance directive is a broader term that often includes a living will and a healthcare power of attorney, documenting preferences for medical treatment and naming an agent to act on behalf of the principal. Living wills typically state specific wishes about life-sustaining treatment, while a healthcare power of attorney appoints a decision maker. Combining these documents provides both instructive guidance and a designated person to interpret and implement choices. Keeping copies with medical records and discussing them with family and providers reduces uncertainty when care decisions become necessary.
Comparing Healthcare Decision Options: Limited vs Comprehensive Documents
When choosing how to document medical decision authority, clients can opt for a narrowly focused form or a comprehensive planning package. A limited approach might name an agent for a specific situation or only permit certain decisions, while a comprehensive set of documents covers a wider range of scenarios and includes complementary statements such as living wills. The right choice depends on personal values, family dynamics, health conditions, and comfort level with delegation. Discussing possible outcomes and preferences helps decide whether a narrow or broader plan will reduce confusion and better protect the principal’s wishes.
When a Narrow Healthcare Authorization May Be Suitable:
Short-Term or Task-Specific Needs
A limited healthcare power of attorney can be appropriate when the principal needs coverage for a specific short-term period, such as during a planned medical procedure or temporary incapacity. In such cases, the authority granted may apply only to certain decisions or a defined time frame. This approach provides targeted control while minimizing the scope of authority. It works well for individuals who prefer to keep most decision-making authority in their own hands and only designate someone to act under narrowly defined circumstances rather than granting ongoing, broad decision-making powers.
Clear, Narrow Preferences
A limited document may be useful when a principal has clear, simple preferences and expects straightforward decisions from an agent. If the desired choices are narrowly defined and unlikely to change, giving authority for specific actions reduces ambiguity. This strategy can reduce the emotional burden on an agent because the document limits the range of decisions required. Nevertheless, even narrow documents should be drafted with care to avoid unintended gaps, and it is wise to coordinate any limited authorization with other planning documents to ensure cohesive coverage.
Why a Comprehensive Healthcare Decision Plan Can Be Beneficial:
Complex Medical Needs or Long-Term Planning
Comprehensive healthcare planning is often advisable for individuals with chronic conditions, uncertain prognoses, or complex family situations where multiple decisions may be required over time. A thorough plan coordinates a healthcare power of attorney with living wills and related documents to provide consistent guidance for medical teams and family members. It anticipates transitions between levels of care, potential disagreements among relatives, and scenarios requiring nuanced decision making, reducing the chance of emergency disputes and court involvement by creating clear, documented direction for future medical choices.
Multiple Decision Makers or Family Dynamics
When family relationships are complicated or multiple relatives are involved in caregiving, a comprehensive plan clarifies who will act and how decisions should be made. Naming alternates and setting priorities can prevent conflict and ensure continuity when a primary agent cannot serve. Explicit instructions and clear communication reduce the likelihood of disagreement and help medical providers know which directions to follow. A coordinated set of documents fosters smoother transitions of care and reduces stress for relatives facing tense decision points during medical crises.
Benefits of a Full Healthcare Decision Plan
A comprehensive approach brings clarity, continuity, and reduced conflict when medical decisions are needed. By combining a healthcare power of attorney with related directives, the principal ensures that both actionable guidance and a designated decision maker are in place. This reduces delays in treatment, minimizes family disputes, and helps medical staff understand patient preferences quickly. Comprehensive planning also allows for contingencies, naming alternates and addressing specific treatment choices so the plan remains practical and effective across a variety of medical scenarios.
Comprehensive planning supports peace of mind because it addresses foreseeable needs and communicates values to those who may act on the principal’s behalf. It also helps families avoid the time and expense of court proceedings that can arise when no designated agent exists or when directives are unclear. Periodic review of documents keeps instructions current with changes in health, relationships, and personal priorities. Overall, taking a broader planning approach improves the chances that medical decisions will reflect the principal’s intentions and that family members will have a clear path forward.
Clarity of Decision-Making Authority
Clear designation of decision-making authority ensures that medical providers and family members know who is authorized to act and what limits, if any, are placed on their authority. This clarity is especially important in emergency situations when quick decisions are necessary. When authority is unambiguous, the agent can speak confidently to healthcare teams and avoid delays caused by disputes or documentation questions. A well-drafted document reduces the administrative friction involved in urgent care and gives the agent the tools needed to represent the principal’s wishes effectively.
Protection Against Disputes and Court Intervention
When medical decision-making authority is clearly documented and supported by related directives, families face a lower risk of disagreement and court involvement. Courts may need to appoint guardians or conservators when documents are missing or contested, which can be lengthy and costly. A comprehensive plan that names agents, alternates, and provides clear treatment preferences reduces the likelihood of contested decisions. This proactive documentation preserves the principal’s autonomy and helps families proceed with confidence during difficult medical and emotional times.

Practice Areas
Estate Planning and Probate Services
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Practical Tips When Preparing a Healthcare Power of Attorney
Choose an Available and Trusted Agent
Selecting the right person to serve as agent is one of the most important parts of healthcare planning. Consider availability, emotional composure, and the ability to communicate with medical providers. Discuss your values, treatment preferences, and any specific instructions with the person you plan to name so they understand your expectations. Naming alternates can provide continuity if the primary agent is unavailable. Sharing copies of the document with close family and your primary care provider helps ensure everyone knows who will act and reduces confusion during critical moments.
Document Specific Wishes and Keep Records Accessible
Coordinate Healthcare Documents with Other Planning Tools
A healthcare power of attorney works best when aligned with other estate planning documents such as wills and powers of attorney for finances. Coordinate language and instructions to avoid unintended conflicts between documents. Discussing the full plan with family members reduces surprises and helps set expectations for how decisions will be made. Consulting with legal counsel familiar with Tennessee requirements can ensure documents are enforceable and that signature and witness requirements are met so the plan will be effective when it matters most.
Reasons Knoxville Residents Should Consider a Healthcare Power of Attorney
Healthcare events can occur unexpectedly at any age, and having a power of attorney in place prevents confusion about who will make medical decisions. For caregivers, the document provides legal authority to coordinate care, speak with providers, and make timely choices during emergencies. For individuals with progressive illnesses or who plan for aging in place, the document ensures that health preferences are respected even if the person cannot communicate. Establishing a healthcare power of attorney is a practical step that supports personal autonomy and reduces stress for loved ones.
Legal documentation reduces the risk of family disputes and avoids unnecessary delays in treatment that can arise from uncertainty about decision-making authority. Even when relationships are cooperative, written direction clarifies roles and expectations during emotionally charged situations. The document also pairs well with other planning tools to create a comprehensive framework that covers medical, financial, and end-of-life matters. Taking this step now helps ensure that decisions made later reflect current values and intentions rather than being left to courts or default family hierarchies.
Common Situations Where a Healthcare Power of Attorney Is Needed
Healthcare powers of attorney are commonly used when a person undergoes major surgery, faces a serious illness, has a progressive neurological condition, or reaches an age where emergency decisions may be more likely. They are also important for those traveling abroad, living alone, or acting as a caregiver for aging parents. In situations where sudden incapacity or fluctuating capacity is possible, having a designated agent streamlines communication with medical professionals and reduces the administrative burden on family members who must make decisions quickly.
Planned Surgery or Hospitalization
When surgery or extended hospitalization is planned, a healthcare power of attorney ensures someone can make decisions if complications arise or if the patient is under sedation. The appointed person can coordinate care, receive medical updates, and consent to procedures when needed. This planning step is especially valuable for complex surgeries or when the patient will be medically incapacitated for an extended recovery period. Informing the agent and providing them a copy of the document helps medical staff recognize who is authorized to act on the patient’s behalf.
Progressive Illness or Cognitive Decline
Individuals with progressive illnesses such as dementia or conditions that may impair capacity over time benefit from appointing an agent early. A healthcare power of attorney allows a trusted person to step in when the principal can no longer make informed choices, ensuring that care decisions follow prior expressed wishes. Early planning reduces the risk of disputes and helps maintain continuity of care across changing health needs. Regularly reviewing the document ensures it continues to reflect the principal’s goals and preferences as circumstances evolve.
When Family Members Live in Different Locations
When close family members live apart or in different states, it can be unclear who should make immediate medical decisions. A healthcare power of attorney designates an agent who is prepared and available to act, even if they live locally or can travel quickly. Naming alternates and providing contact information reduces delays and confusion. Clear documentation also helps medical teams know which family member to contact and who has the legal authority to approve or refuse treatments on behalf of the patient.
Knoxville Healthcare Power of Attorney Services
Jay Johnson Law Firm offers straightforward assistance to residents of Knoxville and the surrounding region in preparing healthcare powers of attorney and related directives. We help clients choose appropriate agents, draft clear instructions, and ensure documents meet Tennessee signing and witnessing requirements. Our goal is to create practical, understandable documents that reflect each client’s values and reduce the burden on loved ones during medical crises. We explain options in plain language and help coordinate documents with medical providers to improve their effectiveness when needed.
Why Choose Jay Johnson Law Firm for Your Healthcare Planning
Jay Johnson Law Firm brings local knowledge of Tennessee law and a client-centered approach to healthcare planning. We prioritize clear drafting and practical advice so documents work as intended, reducing the likelihood of misunderstanding during critical medical moments. Clients receive assistance tailored to their family situation and health considerations, and we provide guidance on the interactions between a healthcare power of attorney, living wills, and other estate planning documents. Our focus is on helping clients make informed choices that protect their preferences and support family needs.
We work with clients to discuss realistic scenarios and prepare documents that respond to likely medical situations, including naming alternates and clarifying the agent’s powers. Our process emphasizes communication with the principal and named agents so everyone understands their roles and responsibilities. We also provide practical steps for distributing copies and storing the original to ensure that the document will be readily available when healthcare decisions arise. This attention to detail helps families act quickly and with confidence.
Our office assists clients throughout Knox County and nearby areas, offering flexible scheduling and clear explanations of Tennessee legal formalities. We make sure forms are properly executed and advise on when updates may be needed due to changes in relationships or health status. By helping clients prepare thoroughly and thoughtfully, we aim to reduce the stress that families face during medical emergencies and ensure that the principal’s wishes are documented and accessible.
Take the Next Step to Protect Your Medical Wishes
How We Prepare Healthcare Powers of Attorney at Jay Johnson Law Firm
Our process begins with an initial conversation to understand personal values, family dynamics, and health concerns. We explain Tennessee requirements and discuss who would serve best as agent and alternates. After drafting clear documents tailored to the client’s preferences, we review them together and arrange for proper execution with witnesses or notarization as required. We then advise on distribution of copies to agents, family, and healthcare providers and recommend periodic review to keep documents current with life changes or new medical considerations.
Step One: Initial Consultation and Planning
During the initial meeting, we explore the client’s medical values, desired level of intervention, and family relationships to determine suitable choices for agent appointment and directive language. This conversation identifies potential scenarios and clarifies whether a narrow or comprehensive document is more appropriate, and it allows time to consider alternates. Our goal is to translate personal preferences into practical drafting instructions that will guide decision makers and medical personnel when incapacity occurs.
Discuss Goals and Preferences
We begin by discussing what matters most to the principal: quality of life concerns, acceptable treatments, and any interventions they prefer to accept or decline. These conversations may include end-of-life preferences and clarifications about pain management and other priorities. Understanding these goals helps us craft language that reduces ambiguity and supports agents in making decisions that align with the principal’s intentions in real clinical settings.
Identify Agents and Alternates
Selecting an agent and naming alternates ensures continuity of authority if the primary agent is unavailable. We help clients weigh factors such as availability, communication skills, and willingness to accept responsibility. Including alternates and specifying order of succession prevents gaps in authority and minimizes potential disputes among family members during critical health events.
Step Two: Drafting and Review
After gathering goals and agent preferences, we prepare a draft tailored to the client’s needs and Tennessee legal requirements. The draft clarifies scope, effective timing, and any explicit instructions about treatment preferences. We review the draft with the client, explain the implications of different options, and revise language to reduce ambiguity and ensure the document expresses the client’s intent clearly and effectively.
Tailor Document Language
Precise wording matters in healthcare documents. We tailor provisions so agents have the necessary authority while honoring any restrictions the principal chooses to include. This careful drafting prevents unintended consequences and supports smoother implementation by medical teams. We also confirm that the document includes required elements to be valid under Tennessee law.
Client Review and Questions
We take time to review the prepared documents with the client, answer questions, and discuss potential scenarios where the language will be applied. This review period allows the client to make informed choices about the scope of authority and to adjust instructions before final execution, improving confidence that the document will operate as intended when needed.
Step Three: Execution and Distribution
Once the client approves the final version, we arrange for proper signing, witnessing, and notarization to satisfy Tennessee formalities and ensure enforceability. We provide guidance on distributing copies to the agent, alternates, healthcare providers, and family members. Proper execution and distribution improve the likelihood that the document will be recognized and followed in emergency and non-emergency medical settings.
Proper Signing and Witnessing
Following statutory signing and witnessing requirements reduces the risk of challenges later. We ensure the document is executed with the correct number of witnesses or notarization as appropriate and advise about who should receive copies. Proper steps at signing help preserve the document’s legal force and facilitate its acceptance by hospitals and clinics.
Provide Copies and Maintain Accessibility
After execution, distributing copies to the agent, healthcare providers, and family members helps ensure the document is available when needed. We also recommend storing a copy in a secure but accessible location and reviewing the document periodically. Keeping records current and accessible helps reduce delays and confusion at critical moments.
Frequently Asked Questions About Healthcare Powers of Attorney
What is a healthcare power of attorney and why do I need one?
A healthcare power of attorney is a legal document that appoints someone you trust to make medical decisions for you if you become unable to decide for yourself. It helps ensure that decisions about treatment, hospitalization, and end-of-life care reflect your wishes and reduces uncertainty for family and providers when quick choices are needed. Creating this document ahead of time prevents delays and can help avoid court involvement if incapacity occurs.Having a healthcare power of attorney complements other planning tools like living wills and advance directives. It is commonly used to provide practical authority to a named agent who can speak with doctors and authorize or decline treatments consistent with your directions. This document is practical for anyone who wants to ensure their healthcare preferences are followed and who wishes to reduce stress on loved ones during medical crises.
How do I choose the right person to make healthcare decisions for me?
Choosing an agent involves evaluating trust, availability, and the person’s ability to handle difficult conversations and decisions. Consider whether they can communicate calmly with medical professionals and family members and whether they are prepared to follow your values even if those choices are emotionally hard. Naming alternates ensures there is a backup if the primary agent cannot serve.Discuss your preferences and priorities with the people you are considering before naming them, so they understand what you want and can decline if they cannot fulfill the responsibilities. Providing written guidance and practical examples of your wishes will help them act confidently and in a way that aligns with your intentions when decisions arise.
When does my agent’s authority begin and can I limit it?
An agent’s authority may begin immediately upon signing or only when a physician determines the principal lacks capacity, depending on how the document is drafted. Choosing immediate effect may be useful when you want someone to assist with coordination of care even while you retain decision-making ability; delayed effect limits the agent’s powers until incapacity is verified. Clear language about the trigger for authority helps avoid confusion between family members and providers.You can limit an agent’s powers by specifying certain decisions they cannot make or by setting conditions under which authority applies. Careful drafting can tailor the document to your comfort level and ensure the agent acts within prescribed boundaries while still providing necessary authority in emergencies or periods of incapacity.
Do I need a living will in addition to a healthcare power of attorney?
A living will sets out specific preferences for life-sustaining treatment and end-of-life care, while a healthcare power of attorney designates someone to make a wide range of medical decisions on your behalf. Using both documents together provides both directive guidance and a named decision maker, which reduces ambiguity and helps agents implement your wishes in varied clinical situations. The two documents are complementary and provide a fuller expression of your medical preferences.Even when similar topics are addressed in both documents, careful coordination is important to avoid conflicting instructions. Reviewing both documents together ensures that instructions in the living will and the agent’s authority in the healthcare power of attorney work in harmony and provide clear guidance to medical personnel and family members.
How do I update or revoke a healthcare power of attorney in Tennessee?
In Tennessee, you can update or revoke a healthcare power of attorney by creating a new document or by executing a written revocation. It is important to provide copies of any updated documents to your agent, alternates, and healthcare providers and to retrieve or notify holders of the prior document to prevent confusion. Properly executing the new document with the required signatures and witnesses helps ensure enforceability.If circumstances change—such as a change in relationships, health status, or personal preferences—you should revise the document accordingly. Keeping records of the most recent version and communicating changes to relevant parties helps ensure the correct document governs decisions when needed.
Will a healthcare power of attorney be recognized by hospitals and doctors?
Hospitals and medical providers typically accept a properly executed healthcare power of attorney that meets Tennessee formalities. Providing a copy to your primary care provider, local hospital, and agent before an emergency improves recognition and reduces delays. Some facilities may have additional procedures for admitting or verifying documents, so providing copies in advance and confirming receipt is helpful.If a provider questions a document’s validity, having notarization or witnesses and copies in the patient’s medical record supports acceptance. In rare situations, hospitals may seek legal review, but clear, properly executed forms usually avoid such complications and help medical teams rely on the designated agent’s decisions.
What should I tell my chosen agent before signing the document?
Before signing, discuss your values, treatment preferences, and any circumstances in which you would refuse or request certain interventions. Make sure your chosen agent understands what matters most to you and how you want decisions made. Providing written notes or examples of scenarios will help the agent understand your priorities and avoid uncertainty during high-pressure situations.Also discuss practical matters like where the document will be stored, who should receive copies, and how to reach your healthcare providers. Clear communication about logistics prevents delays and ensures the agent can act promptly and with confidence when authorized to make decisions.
Does a healthcare power of attorney cover mental health treatment decisions?
A healthcare power of attorney can address mental health treatment decisions if the document is drafted to include those matters and complies with applicable laws. It is important to be explicit about mental health interventions and any limits you want to place on the agent’s authority. Different treatments and settings can raise specific legal considerations, so clear, specific language helps agents and providers determine the appropriate course of action.Discussing mental health preferences with legal counsel ensures that language is effective and compatible with Tennessee rules. Where necessary, additional documents or instructions may be useful to address specialized treatment decisions or to guide the agent in particular circumstances involving mental health care.
Are there special rules for out-of-state agents or decisions made while traveling?
Out-of-state agents and decisions made while traveling can raise practical questions about recognition and accessibility. Many states honor properly executed healthcare powers of attorney from other states, but laws differ. Choosing a local agent or making sure an out-of-state agent can be quickly reached and travel if necessary helps ensure decisions can be made promptly. Carrying copies of your documents when traveling and informing medical providers of any appointed agent can reduce delays.If you frequently travel or spend time where laws differ, consider discussing contingency plans and alternate arrangements in the document. Clear instructions and accessible copies increase the likelihood that your wishes will be followed across jurisdictions and minimize confusion when care is required away from home.
How often should I review my healthcare power of attorney?
Review your healthcare power of attorney periodically and after major life events such as marriage, divorce, birth of children, changes in health, or relocation. Such events may affect whom you want to name as agent or the instructions you want to provide. Regular review ensures the document remains aligned with current relationships and preferences and that alternates remain appropriate.A good practice is to review the document every few years and whenever circumstances change significantly. When updates are needed, execute a new document and distribute copies to relevant parties so the most recent version governs decisions when the need arises.